ORDER :

G.N. Ray, J.

1. This appeal under the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 read with Section 379 of the Code of Criminal Procedure is directed against the judgment and order dated 19-10-1992/23-10-1992 passed by the Division Bench of the Gujarat High Court in Criminal Appeal No. 818 of 1983. The High Court, by the impugned judgment, set aside the order of acquittal passed in favour of the appellant in Sessions Case No. 3 of 1983 by the learned Sessions Judge, Bhavnagar on 27-4-1983.

2. The appellant faced the trial on a charge under Section 302 Indian Penal Code for committing the murder of Kamlesh. It is the prosecution case that on 27-10-1982, between 9 and 10 a.m., the deceased Kamlesh was dragged by force into the house of the appellant and the appellant thereafter poured kerosene on the body of the deceased and set her on fire. In the said case, five dying declarations were placed for consideration of the Court, out of which, three were written dying declarations and two were oral. Out of the three written dying declarations, one of the declarations was recorded by an Executive Magistrate who has also deposed in the case.

3. The learned